Reduced sentence for murder accused

THE Court of Appeal recently set aside the conviction and sentence of death passed on an accused found guilty of murdering his wife, by the High Court and instead changed the verdict to culpable homicide not amounting to murder based on sudden provocation.

The Bench comprised Justice Jagath Balapatabendi and Justice Sisira de Abrew.

Justice de Abrew's judgement states:

"The appellant Wilson Rajaratne was convicted of the murder of his wife and sentenced to death.

This appeal is against the conviction and the sentence. The woman who was the wife of Rajaratne was seen in a compromising position with Wilson Ramanayake, the appellant's elder brother.

Ramanayake ran away when Rajaratne saw the incident. Rajaratne who was provoked upon seeing this incident poured kerosene oil over the woman's body and threw a match.

The flames caused 40 per cent burns on the woman's body which resulted in her death seven days after the incident. Shortly after the incident, Rajaratne and the neighbours took the woman to hospital and during the stay in the hospital, Rajaratne gave nourishments such as orange juice to her.

Counsel for Rajaratne submitted that this was a fit case in which the culpability of Rajaratne should be brought down to culpable homicide not amounting to murder on the basis of grave and sudden provocation.

The Senior State Counsel who appeared for the Attorney General submitted that, considering the nature of the evidence led on behalf of the prosecution, he was unable to support the conviction of murder.

He agreed that the culpability of Rajaratne should be brought down to culpable homicide not amounting to murder on the said basis. Rajaratne on seeing his wife in a compromising position with his brother would have been provoked and committed this deed.

The Trial Judge did not give adequate consideration to this aspect and convicted Rajaratne on the offence of murder.

In my view, Rajaratne should have been convicted on the offence of culpable homicide not amounting to murder on the basis of grave and sudden provocation.

For the above reasons, we, acting in terms of section 335(2) of the Code of Criminal Procedure Act No. 15 of 1979, make order setting aside the verdict of murder and the sentence of death and substituting a conviction of culpable homicide not amounting to murder on the basis of grave and sudden provocation, an offence punishable under Section 297 of the Penal Code.

Considering the circumstances under which the offence was committed we sentence Rajaratne to a term of seven years rigorous imprisonment and direct prison authorities to implement the sentence from the date of the conviction.

Dr. Rajith Fernando appeared for the accused appellant while Senior State Counsel Yasantha Kodagoda appeared for the Attorney General.